20.05.2011 The Human Rights Center Viasna’s evaluation of the trials in the criminal cases on the events of December 19, 2010
CONCLUSIONS: # The events of 19 December 2010 were the result of the unjust and undemocratic presidential election in Belarus, which were not recognized as compliant with the relevant international standards for free elections, and which were accompanied by numerous violations. # The march along Independence Avenue and the rally on Independence Square were peaceful, since the participants had peaceful intentions to express their views and protest in connection with these election. # Although the rally on Kastrychnitskaya Square and the march along Independence Avenue did cause some inconvenience for the city residents, nevertheless they did not pose any threat to the public order, life and health of citizens. # The behavior of some individuals who were especially active outside the Government House, were offending in their nature, but neither were stopped by the police, nor isolated. # The duration of the wrongdoing, the number of persons involved in it and the amount of damage do not suggest that there was a mass riot on Independence Square and, consequently, the participation of prosecuted persons in the riot. # The police reactions to disperse the peaceful assembly on Independence Square were completely disproportionate to the nature and were accompanied by ungrounded violence toward the demonstrators. # The preliminary investigation of the events of 19 December 2010 was accompanied by serious human rights violations, including: violation of the right to protection, violation of the presumption of innocence, the use of non-procedural actions, torture and other cruel, inhuman or degrading treatment that humiliate human dignity. # The trials were of predetermined character and accusatory in their nature. # These trials reiterated the full dependence of the judicial system in Belarus on the executive branch, while the pressure and the Ministry of Justice’s denial of licenses to a number of lawyers involved in the case indicate the absence of an independent institute of advocacy. # These circumstances indicate the convicts’ lack of access to a fair and independent trial. # The progress of the preliminary investigation and the trials in the criminal cases clearly demonstrates their political nature.
18.05.2011 Analytical review of the trial of Pavel Seviarynets, Siarhei Martseleu and Iryna Khalip
Conclusions: - The trial failed to provide any evidence of an offence under Par. 1 Art. 342 of the Criminal Code, i.e. direct involvement in gross violation of the public order during the protest, as well as any criminal intent to stage the alleged actions by the defendants. Nor did the trial provide any evidence of the damage allegedly inflicted by the defendants to any institutions or enterprises. In reality, none of the institutions or enterprises mentioned in the case file initiated legal proceedings to recover the reported damage in court. - No evidence of the defendants’ involvement in any unlawful actions committed on 19 December 2010 in Nezalezhnastsi Square was provided. - Defendants Seviarynets, Martseleu and Khalip, while in custody in the KGB pre-trial prison, were not provided with the sufficient amount of meetings with their lawyers during the preliminary investigation into the case. We consider the fact to be an outrage against their right to legal protection, guaranteed by Art. 62 of the Belarusian Constitution, together with a number of provisions of the Code of Criminal Procedures. Seviarynets’s and Khalip’s lawyers were dismissed during the preliminary investigation stage, having faced harassment by the Ministry of Justice, and were eventually disbarred. - The public media (the Sovetskaya Belorussia newspaper, state-run TV channels) repeatedly named the defendants organizers of the riot outside the House of Government long before the start of the trial, violating the defendants’ presumption of innocence. - The publication of the preliminary investigation materials before its termination, and the announcement of the defendants’ guilt in the Sovetskaya Belorussia were made by order of the President, which is an evidence of the political nature of the criminal case and emphasizes the accusatory essence of both the preliminary investigation and the trial.
16.05.2011 Weekly review of post-election situation in Belarus (9-15 May)
A record number (27 persons) of participants of the 19 December 2010 events stood trials last week. The first verdict on charges of organizing mass riots was pronounced – former presidential candidate Andrei Sannikau was sentenced to 5 years of imprisonment in a high-security penal colony. Other participants of the post-election protest who stood trial together with the politician were also convicted: Aleh Hnedchyk – 3.5 years, Illya Vasilevich, Fiodar Mirzayanau and Uladzimir Yaromenka – 3 years in a high-security prison each. Siarhei Kazakou, Vital Matsukevich, Yauhen Sakret and Uladzimir Loban were sentenced to three years in a high-security prison each, Dzmitry Daronin and Aleh Fedarkevich – 3.5 years each. Freedom of speech and association was still restricted, administrative pressure was used.
16.05.2011 Analytical review of the court proceedings on the criminal case of Daronin, Fedarkevich, Kazakou, Loban, Matsukevich and Sakret
The trial of the criminal case against Daronin, Fedarkevich, Kazakou, Matsukevich and Sakret took place on 5-11 March at the Maskouski District Court of Minsk. The case was tried by Judge Alena Shylko with participation of the state accuser Melnikau, Deputy Prosecutor of the Maskouski District of Minsk. The defendants were charged under Article 293, part 2 of the Criminal Code (direct participation in mass riot). On 12 May the court found them guilty under Article 293, part 2.
12.05.2011 Analytical review of the trial on the criminal case of Drozd, Khamichenka, Kirkevich, Pratasenia and Vinahradau
During the court proceedings there wasn't presented any evidence that a mass riot, accompanied with the aggregate of such actions as personal violence, destruction of property and armed resistance to public agents, had really taken place in Nezalezhnasts Square on 19 December 2010.
10.05.2011 Weekly review of post-election situation in Belarus (2-8 May)
Trials of 22 accused in the 19 December “mass riot” case continued in four district courts of Minsk. Dzmitry Drozd, Uladzimir Khamichenka, Ales Kirkevich, Andrei Pratasenia and Pavel Vinahradau were found guilty under Article 293 of the Criminal Code by Ala Bulash, Judge of the Kastrychnitski District Court of Minsk. The verdict was very harsh: Kirkevich and Vinahradau were sentenced to 4 years in a high-security prison and all the rest – to 3 years. Five more human rights defenders, representatives of the International Observation Mission, were deported from Belarus. The right to freedom of associations and expression is still violated, persecution of civil and political activists is going on as well.
06.05.2011 Human Rights Center Viasna marsk 15th anniversary
The Human Rights Center Viasna turns fifteen years at the time of the ongoing political lynching of the regime's opponents. Human rights activists cannot think about celebration in such a situation. However, it is possible to lock back at what have been done and set the goals for the near future. This is done by Ales Bialiatski, Chair and founder of the Human Rights Center Viasna.
04.05.2011 Weekly Review of Post-election Situation in Belarus (25 April – 1 May)
Trials of the criminal cases instigated for participation in the post-election protest actions continued in the Minsk courts during the whole week. All in all, 11 defendants were tried. A verdict to Dzmitry Bandarenka, a coordinator of the civil campaign European Belarus, was pronounced: he was punished with 24 months of imprisonment under Article 342 of the Criminal Code. The crackdown on the freedom of word increased as well - the largest private socio-political editions, Narodnaya Volia and Nasha Niva face the closing down. Activities of human rights defendants are banned as well: an expert of the International Observation Mission Ivan Kondratenko was deported from Belarus. Administrative persecution is going on, too: detentions of participants of street actions ended with fines and arrests.
29.04.2011 Viasna activist Tseliapun receives Chernobyl Courage Cross
Uladzimir Tseliapun, Mazyr activist of the Human Rights Center “Viasna”, has been awarded the Ukrainian order “Chernobyl Cross: Courage, Honour, Humanity” for his contribution to the removal of the consequences of the 26 April 1986 Chernobyl disaster on the site of the event.
29.04.2011 Russian HR defender deported from Belarus
On 28 April, Russian human rights defender representing the International Observation Mission Ivan Kondratenko was detained and later ordered to leave Belarus within 24 hours.
25.04.2011 Weekly review of post-election situation in Belarus (18-24 April)
The 11 April terrorist act in Minsk metro was followed by increasing harassment of independent mass media: prosecuting and executive authorities addressed warnings to individual journalists and editorial boards of several media. Public media launched a campaign of discrediting against independent mass media. In these circumstances, the Belarusian Association of Journalists released a statement entitled “Stop Persecution of Our Colleagues!” Another person was reported as involved in the mass riot criminal case – Vital Stazharau. The dates of trials of 11 defendants in the 19 December 2010 case were appointed. On 19 April, activists of the “Nash Dom” civil campaign Valery Shchukin, Aleh Barshcheuski, Pavel Levinau and Pavel Staneuski were preventively detained and later sentenced to administrative arrests. Another activist Volha Karach was fined. The authorities banned all events marking the 25th anniversary of Chernobyl disaster.
18.04.2011 Weekly review of post-election situation in Belarus (11-17 April)
The past week was marred by a terrible tragedy that made all other events fall by the wayside: on 11 April Minsk Kastrychnitskaya central metro station was rocked by a powerful blast, claiming 13 lives and causing injuries to over 200 more people. April 13 was declared a national day of morning. The explosion was qualified as an act of terrorism, the news that shocked Belarus as it had always been thought of as a rather safe country. On 12 April, a PACE meeting in Strasbourg considered the scheduled Belarusian issues, which was condemned by the official media, who labeled the human rights defenders attending the meeting as “a fifth column”, naming their actions “dance on bones”. However, the state-run media failed to mention a one-minute silence that opened the PACE session. A number of Belarusian politicians and journalists, including opposition leader Aliaksandr Milinkevich, independent columnist Aliaksandr Starykevich and former KGB officer Valery Kostka, were officially warned by the General Prosecutor’s Office for alleged dissemination of “ungrounded data on the 11 April tragedy.” Furthermore, the Information Ministry issued similar warnings to the Nasha Niva and Narodnaya Volya independent periodicals, together with the UzHorak minor local newspaper. Several case files of persons involved in the 19 December 2010 events were submitted to courts. Civil activists kept campaigning for the release of journalist Andrzej Poczobut, arrested on charges of libel of the President.
15.04.2011 Mournful action in Pinsk
On 14 April residents of Pinsk held a mournful action dedicated to victims of the 11 April terrorist act in Minsk. The action took place in a small square which was created to mark the day of the town. People lit candles near a symbolic chapel.
12.04.2011 We express our condolence to victims of the terrorist act and their families
The Human Rights Center Viasna offers the most sincere condolence to the families of all victims of the terrorist act which took place in the Minsk metro on 11 April. We grieve together with our people that will yet have to realize what has happened and live through it. We hope and believe, that the perpetrators will be eventually punished, either by court or by God's hand.
11.04.2011 Weekly review of post-election situation in Belarus (4-10 April)
The recent social and political developments in the country have been accompanied by certain economic instability, with gradual increase in exchange rates and rush demand on the foreign currency and food markets. The 19 December 2010 “mass riot” criminal case is still underway: the Interior Ministry has announced the termination of the preliminary investigation activities. The case files of former presidential candidates Mikalai Statkevich and Dzmitry Us have been submitted to courts for consideration. Four more persons involved in the case – Zmitser Bandarenka, Pavel Seviarynets, Iryna Khalip and Siarhei Martsaleu – are now facing milder charges. Minsk City Court dismissed the appeals by Aliaksandr Atroshchankau, Dzmitry Novik and Aliaksandr Malchanau, who had been earlier convicted under Art. 293 of the Criminal Code. The General Prosecutor’s Office refused to initiate criminal proceedings following a torture report by former presidential candidate Ales Mikhalevich. Andrzej Poczobut, journalist and activist of the opposition Union of Poles, faces charges under two criminal articles – Par. 1 Art. 386 (“insult of President”) and Par. 1 Art. 367 (“libel of President”). Two KGB prisoners – UCP leader Anatol Liabedzka and “Tell the Truth” activist Aliaksandr Fiaduta – were released on recognizance.
